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INSURANCE CO. OF STATE OF PA. v. JOHNSON

No. 08-053.

987 A.2d 276 (2009)

2009 VT 92

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. Kerrie A. JOHNSON, Administrator for the Estate of Michael W. Johnson.

Supreme Court of Vermont.

Motion for Reargument Denied October 15, 2009.

Attorney(s) appearing for the Case

F. Brian Joslin and Richard Hennessey of Theriault & Joslin, P.C., Montpelier, and Patrick Fredette and Timothy Puin of McCormick Barstow, LLP, Cincinnati, OH, for Plaintiff-Appellant.

John F. Campbell of Cambpell & Saunders, Quechee, and Walter G. Campbell and Kelley B. Stewart of Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman & McKee P.A., Fort Lauderdale, FL, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. JOHNSON, J.

We agreed to review the following question certified from the United States District Court for the District of Vermont: "Whether Vermont's uninsured/underinsured motorist statute, 23 V.S.A. § 941, requires excess liability (or umbrella) policies to provide uninsured/underinsured motorist coverage?" For the reasons set forth below, we conclude that the statute does apply to such policies.

¶ 2. This case arises from the tragic...

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